It shall be unlawful for any owner or agent thereof to keep or maintain any building or part thereof which is a dangerous or unsafe building as defined in §
117-2 of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
DANGEROUS OR UNSAFE BUILDING
Any building or structure, residential or otherwise, which
has any of the following defects or is in any of the following conditions:
A.
Whenever any door, aisle, passageway, stairway or other means
of exit does not conform to the approved Building or Fire Code of
the Township, it shall be considered that such dwelling does not meet
the requirements of this chapter.
B.
Whenever any portion has been damaged by fire, wind, flood,
deterioration, neglect, abandonment, vandalism or by any other cause
in such a manner that the structural strength or stability is appreciably
less than it was before the damage and is less than the minimum requirements
of any Township ordinance, code or state law for a new building or
similar structure, purpose or location.
C.
Whenever any portion or member or appurtenance is likely to
fall or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
D.
Whenever any portion has settled to such an extent that walls
or other structural portions have materially less resistance to wind
than is required in the case of new construction by any Township ordinance,
code or state law.
E.
Whenever the building or structure or any part, because of dilapidation,
deterioration, decay, faulty construction, or because of the removal
or movement of some portion of the ground necessary for the purpose
of supporting such building or portion thereof, or for other reason,
is likely to partially or completely collapse, or some portion of
the foundation or underpinning is likely to fall or give away.
F.
Whenever for any reason whatsoever the building or structure
or any portion is manifestly unsafe for the purpose for which it is
used or is intended to be used.
G.
Whenever the building or structure has been so damaged by fire,
wind or flood, or has become so dilapidated or deteriorated as to
become an attractive nuisance to children who might play therein to
their danger, or as to afford a harbor for vagrants, criminals or
immoral persons, or as to enable persons to resort thereto for the
purpose of committing a nuisance or unlawful or immoral acts.
H.
Whenever a building or structure used or intended to be used
for dwelling purposes, including the adjoining grounds, because of
dilapidation, decay, damage or faulty construction or arrangement
or otherwise, is in a condition that is likely to cause sickness or
disease or is likely to injure the health, safety or general welfare
of the people living in the dwelling.
I.
Whenever any building becomes vacant, dilapidated and open at
door or window, leaving the interior of the building exposed to the
elements or accessible to entrance by trespassers.
An owner aggrieved by any final decision or order of the Township
Board may appeal the decision or order to the Berrien County Circuit
Court by filing a petition for an order of superintending control
within 20 days after the date of the decision or order.
Any person, firm, or corporation, whether as an occupant, owner,
lessee, licensee, agent, contractor, servant, employee or otherwise,
who violates any of the provisions of this chapter shall, in addition
to the other provisions of this chapter, be deemed guilty of a misdemeanor
and shall be punished by a fine of not more than $100, or by imprisonment
in the county jail not to exceed 90 days, or by both such fine and
imprisonment. Each day a violation continues to exist shall constitute
a separate offense. Any violation of this chapter is hereby declared
to constitute a public nuisance.
This chapter is enacted according to the statutes and laws of
the State of Michigan, including but not limited to the provisions
of Act 246 of 1945 and also adopts as though fully set out herein the provisions
of Act 61 of 1969.
Any ordinance or parts of ordinances in conflict herewith are
hereby repealed to the extent necessary to give this chapter full
force and effect.
The foregoing remedies and penalties are in addition to all
other rights and powers of the Township to proceed at law or equity
with other and additional appropriate remedies, including, but not
limited to, injunctive relief.
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining portions
of this chapter.
This chapter shall be effective 30 days following publication
as provided by law.